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(영문) 수원지방법원 2015.12.09 2015노3116

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in six months of imprisonment, and one hundred and twenty hours of community service order) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession and reflect of each of the crimes of this case; (b) the victims want not to be punished by the agreement with the victims; and (c) there is no record of criminal punishment as the first offender; (d) the crime of this case does not take any measures against the traffic accident that causes human and material damage due to negligence while driving a vehicle not covered by mandatory insurance; (b) the crime of this case is not good in light of the contents of the crime; (c) the degree of injury suffered by the victim of the traffic accident is not easy; (d) the degree of injury suffered by the victim of the traffic accident is not easy; (e) there is no need to attend the police after reporting by telephone after the escape; and (e) there is no good condition after the crime was committed by the victim, such as attending the police at least 10 hours after the occurrence of the accident; (e) the court below's selection of imprisonment with prison labor, and then there is no reason to acknowledge the defendant's punishment too low punishment by considering the favorable circumstances in the above.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the term "limited imprisonment" in the decision of the court below shall be corrected to change the term "limited imprisonment" in the application of the law of the court below.